On the Docket’s Preview of the April Supreme Court Arguments
April 15 Iancu v. Brunetti No. 18-302, Fed. Cir. Preview by Boseul (Jenny Jeong), Online Editor This case arose out of the U.S. Patent and Trademark Office (“USPTO”)’s decision to refuse Brunetti’s trademark registration based on 15 U.S.C. § 1052(a), which bars the registration of, among other things, immoral and scandalous marks. The Federal Circuit found... Read More
Crossing State Lines: The Trojan Horse Invasion of Rent-a-Bank and Rent-a-Tribe Schemes in Modern Usury Law
Jayne Munger 87 Geo. Wash. L. Rev. 468 Modern American society fosters a capitalist culture that depends on the extension of credit to purchase both basic and luxury items. Although the federal banking system has comprehensive regulation to control potential excesses, the nonbank lending industry is subject to a patchwork system of state laws that... Read More
Unexpected Consequences: Why Criminal Defense Attorneys Have an Ethical Obligation to Inform Noncitizen Clients of the Immigration Consequences of Conviction
Megan Elman 87 Geo. Wash. L. Rev. 430 Noncitizens entering the criminal justice system care about not only the length of a possible sentence but also the impact of a conviction on their immigration status. Criminal defense attorneys, however, are only constitutionally required to inform clients of immigration consequences when a conviction or plea deal... Read More
If Rockefeller Were a Coder
Carla L. Reyes 87 Geo. Wash. L. Rev. 373 The Ethereum Decentralized Autonomous Organization (“The DAO”), a decentralized, smart-contract-based investment fund with assets of $168 million, spectacularly crashed when one of its members exploited a flaw in its computer code and siphoned off $55 million. In the wake of the exploit, many argued that participants... Read More
Wrongful Collateral Consequences
Abigail E. Horn 87 Geo. Wash. L. Rev. 315 Collateral consequences of criminal convictions perpetuate racial hierarchy, disadvantage individuals and families, undermine communities, and harm the public by hindering reentry efforts. This Article is the first to systematically expose another overlooked characteristic of collateral consequences—the extent to which they are imposed wrongfully. Wrongful collateral consequences are those... Read More
The New Financial Extraterritoriality
Pierre-Hugues Verdier 87 Geo. Wash. L. Rev. 239 In a series of recent cases, the Supreme Court has vigorously applied the presumption against extraterritoriality to curtail the territorial reach of federal statutes. During the same period, however, federal prosecutors have brought an unprecedented wave of criminal cases against foreign banks for activities centered abroad, including... Read More
Crossing the River: Lorenzo v. Securities and Exchange Commission
April 2, 2019 Lorenzo v. SEC, 586 U.S. ___ (2019) (Breyer, J.). Response by Theresa A. Gabaldon Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Crossing the River: Lorenzo v. Securities and Exchange Commission Section 17(a)(1) of the Securities Act of 1933 provides that it is “unlawful for any... Read More
Defining “the”: In Nielsen v. Preap the Court relies on language arts to justify detention of immigrants
April 1, 2019 Nielsen v. Preap, 586 U.S. ___ (2019) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Defining “the”: In Nielsen v. Preap the Court relies on language arts to justify detention of immigrants What does “when” mean? Is it evident what... Read More
On the Docket’s Preview of the March Supreme Court Arguments
March 18 Virginia House of Delegates v. Bethune Hill No. 18-281, E.D. Va. Preview by Sean Lowry, Online Editor* In Virginia House, the Court will re-examine a Virginia state electoral map for racial gerrymandering claims and hear new arguments about who has the standing to defend the map on appeal. The initial controversy arose when voters... Read More
Of Birdies and Bribery: Closing the Corrupt Pathway Between Donors’ Checkbooks and Candidates’ Pockets
Fahad Khan · March 2019 87 Geo. Wash. L. Rev. Arguendo 1 Each election cycle brings about new fundraising and spending tactics, and with them, new public concern about the corrupting influence of money in politics. But while past concerns have been focused on the origins and volume of money flowing into the campaign sphere,... Read More